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Published : 10 Feb 2014, 11:44 AM
The new judge of the First Additional District and Sessions Judge Court on Monday fixed the new date to hear the arguments on the case.
Judge Khandaker Hasan Mahmud Firoz will hear the arguments afresh on Feb 27, state counsel Asaduzzaman Khan Rochi told bdnews24.com.
The verdict on the case was scheduled to be delivered on Monday but that was put on hold when the judge of the court was transferred.
Rochi, an Additional Public Prosecutor, said the hearing will take place for four days.
“Defence will get three days and the last day will be for the state to present arguments.”
The prime accused of the case is former military dictator and Jatiya Party chief HM Ershad, who is now special envoy to Prime Minister Sheikh Hasina.
Apart from him, the four other accused are- Maj (retd) Kazi Emdadul Haque, Lt Col (retd) Mostafa Kamaluddin Bhuiyan, Lt Col (retd) Shamsur Rahman Shams and Maj Gen (retd) Abdul Latif.
All five are out on bail from the High Court.
Legal proceedings against Lt Col (retd) Shams and Maj Gen (retd) Latif have been stopped by the High Court.
This two and Ershad were present at the court on Monday.
The court’s previous Judge Hosne Ara Aktar on Jan 22 had fixed Feb 10 for delivering the verdict after arguments were completed.
But a week later Aktar’s transfer order was issued on Jan 29.
Later, Judge Firoz replaced Aktar.
After the court’s judge changed, the BNP had alleged that Awami League government did that in order to use the judiciary for partisan purposes.
However, Dhaka District and Sessions Judge Court administration officer Akbar Hossain told bdnews24.com: “This is not to delay the verdict. Seven judges were transferred altogether. Hosne Ara Aktar was one of them. There is no other motive behind this.”
President Ziaur Rahman was assassinated by a group of soldiers on May 30, 1981.
Maj Gen Manzur was arrested by police following the murder.
According to the case details, Maj Kazi Emdadul brought Manzur from police custody to Chittagong Cantonment, where he was shot and killed on June 1, 1981.
Manzur was blamed for Zia's assassination in Chittagong.
His brother Barrister Abul Mansur Ahmed filed a case with Panchlais Police Station in Chittagong on Feb 28, 1995, fourteen years after the murder.
Erstwhile Assistant Superintendent of Police Abdul Kahar Akand pressed charges against the accused.
But it took another 18 years for the case to reach a point of verdict, all due to regime changes and delay by prosecution.
Prime accused Ershad, in his defence, told the court that the government in 1981 had announced on TV and radio a reward of Tk 500,000 for the capture of Manzur, dead or alive.
He said he had nothing to do with his death.
“Angry men were trying to snatch away Manzur when he was brought to Chittagong Cantonment. The scuffle led security guards to open fire.”
“Abul Manzur was shot and injured at one point and he died while he was being taken to the hospital,” Ershad said.
The then Home Secretary Mahbubuzzaman who had testified before the investigation officer said Manzur was handed over to the army on the orders of then President Abdus Sattar.
Ershad submitted a written statement to the special court in his defence on Oct 2, 2012.
Maj Emdadul Haque also provided the court with a written statement after the case was filed.
Total 28 persons have testified including the case’s investigation officer Abdul Kahar and the army chief in 1996 Abu Saleh Muhammad Nasim.
